Digital media content creation and distribution methods

ABSTRACT

A system and methods for digital content creation and upload through a managed website for providing network-based access to authorized users who pay for predetermined rights that allow for use of the content by the authorized user on a multiplicity of devices, without having to repurchase access to the same content.

BACKGROUND OF THE INVENTION

1. Field of the Invention

The present invention relates generally to digital media contentcreation and distribution. Further, the present invention relates todigital media creation, upload, download, and rights acquisition byusers of a network-based system and methods of using the same.

2. Description of the Prior Art

Historically, music and entertainment was provided solely in a liveformat, wherein the audience only had real-time, live access to theperformance. If someone wanted to access the music and entertainment,one had to travel to be in person for the performance. If payment wasrequired, it would be on a pay-per-attendance basis made at the time theperformance was rendered. Still music, plays, readings and otherperformances were documented on paper and issues of copyrightinfringement or plagiarism were relevant and problematic, in particularbeing difficult to monitor and police. Early and distributed release ofthe documented music by the actual or true author was one possiblesolution to these problems, although far from completely addressing theissues.

Later, music companies or record labels were established to manage therelease and distribution of music and other entertainment. Publishingcompanies were similarly situated to manage written works, includingtexts, art, and the like. While distribution of the music andentertainment improved, the selection and timing of release was made bythe third party companies, rather than by the artist or the consumer. Somany talented artists and authors created works that were still nearlyimpossible to distribute or promote, in particular beyond time andgeographic constraints. Recording and producing the music andentertainment, including digital mastering, was essentially controlledand managed by a few companies, rather than the artists and authors.Artists are paid very small fees, usually less than 10% of revenue fromsales. Most of the ownership rights or copyrights were required to beassigned to the companies rather than being retained by the authors inexchange for the selective distribution, which frequently resulted inartistic compromise or censorship.

Compensation is required for the creating and distributing partieswithin the entertainment equation, otherwise, new content of qualitywill not be regularly created. While some Internet websites like iTunesat www.apple.com/itunes provide for on-demand download to users havingaccounts who pay for rights to download copies, these sites do notprovide for the user to play or download to a multiplicity of devices,with the exception of backup copies. Users can selectively accesscontent they want, buying on a per-song or per-album basis, andsimilarly on a per-book or per-movie basis. While this scenario andbusiness model improves distribution and helps to avoid some of theillegal downloading by making access to content affordable, the costsare still expensive and comparable to traditional recording industrystandards for purchasing a copy of the content on a CD or DVD format(where you buy the DVD or CD with a copy of the content, but you don'tactually own the content, for example if the DVD or CD is damaged orstolen, you don't get a free replacement for the copy you alreadypurchased). iTunes provides for a user to download music, movies, audiobooks, and the like into a library that must be stored on the user'scomputer. iTunes does not retain the library for each user on its site;thus, if anything is lost or damaged or the computer is stolen, thelibrary and the valuable content on it are no longer accessible by theuser who rightfully owns that content, based on the licenses purchased.

Another website with content available through the Internet is youTubeat www.youtube.com; it provides free content for play by any user on thesite, and that free content is uploaded without review or confirmationof authorship or rights ownership, much less screened for quality orinterest by users.

In both of the aforementioned cases, users can provide feedback orrating of the content. And the content may be categorized by subject orgenre or artist. To some limited extent, it may also be searched throughthe website.

The Internet and web-based media distribution, along with theimprovement of electronic devices for creating digital representationsof works, has changed the entertainment scene; however, theindustry—especially music, movies, and broadcast media (perhaps with theexception of XM radio)—has not significantly changed the business modelfor providing digital entertainment content to authorized users. Thetraditional industry position has held that its position is based on theprotection of copyrights and other intellectual property; in fact,copyright infringement and illegal downloading have been problematic fora long, long time. The Internet alone has not addressed the problem ofproviding diverse, on-demand content to authorized users at reasonablerates, while providing reasonable compensation to artists and authorsfor participating in a structured, managed format. Thus there remains aneed for a system and methods that provide for digital content creationand upload through a managed website for providing network-based accessto authorized users who pay for predetermined rights that allow for useof the content by the authorized user on a multiplicity of devices,without having to repurchase access to the same content.

SUMMARY OF THE INVENTION

A first aspect of the present invention is to provide a method forproviding digital media for distribution to users over a networkincluding the steps of providing a digital representation of media (DRM)available for distribution over a network, wherein the DRM is providedin a digitally recorded format (DRF) and transmittable remotely to anetwork portal for upload to a website; and providing the DRM in DRMunit(s) stored remotely at a data storage site(s) available forselective download by authorized users of the network who access website(through the network portal) remotely and who are associated with anactive account through the website; wherein the DRF is provided by acreator of the DRF; and wherein the DRM downloads are provided toauthorized users based upon a predetermined number of simultaneousplayback units of each DRM unit.

A second aspect of the present invention is to provide the DRF is inputdirectly by the creator, artist, agent, or owner for distributionthrough the website as a DRM unit to authorized users, wherein the DRMunits are based upon actual use at a given time, or simultaneous playsof any DRM unit authorized for use by that user.

Thus, the present invention provides completely remote access to DRMthat is maintained by someone other than the authorized user, whereinthe user has access to download and play the DRM units based upon actualsimultaneous play of any DRM unit, regardless of the format or type ofdevice on which the DRM units are played or accessed by the user.

These and other aspects of the present invention will become apparent tothose skilled in the art after a reading of the following description ofthe preferred embodiment when considered with the drawings, as theysupport the claimed invention.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a flow diagram of the method according to one embodiment ofthe present invention.

FIG. 2 is a schematic diagram of the system supporting the methods ofuse, in accordance with an embodiment of the present invention.

DETAILED DESCRIPTION

In the following description, like reference characters designate likeor corresponding parts throughout the several views. Also in thefollowing description, it is to be understood that such terms as“forward,” “rearward,” “front,” “back,” “right,” “left,” “upwardly,”“downwardly,” and the like are words of convenience and are not to beconstrued as limiting terms.

The present invention provides a system and methods that provide fordigital content creation and upload through a managed website forproviding network-based access to authorized users who pay forpredetermined rights that allow for use of the content by the authorizeduser on a multiplicity of devices, without having to repurchase accessto the same content to address the longstanding, unmet needs within theentertainment industry to address interests of consumers, artists andauthors, and the entity managing and securing authorized, legal rightsto distribute and sell access to that digital content, on demand byauthorized users.

Referring now to the drawings in general, the illustrations are for thepurpose of describing a preferred embodiment of the invention and arenot intended to limit the invention thereto. As best seen in FIG. 1, aflow diagram is provided for user access to the system, which is shownin the schematic representation of FIG. 2. FIG. 1 illustrates steps fora creating user to create content, transfer the digital version of thecontent to a data input or repository for storage, indexing, and access,the website generating a listing or index associated with that content,including categorization, a user selecting content and an automaticgeneration of an account content index, and then the user using thecontent, such as via download of a digital copy of the content. FIG. 2illustrates user1, user2, . . . userN interacting with a remote serveror data repository through network interaction; also, a creating useraccessing the remote server or data repository for uploading digitalcontent is illustrated.

The present invention provides a method for providing digital media fordistribution to users over a network including the steps of providing adigital representation of media (DRM) available for distribution over anetwork, wherein the DRM is provided in a digitally recorded format(DRF) and transmittable remotely to a network portal for upload to awebsite; and providing the DRM in DRM unit(s) stored remotely at a datastorage site(s) and available for selective download by authorized usersof the network who access website (through the network portal) remotelyand who are associated with an active account through the website;wherein the DRF is provided by a creator of the DRF; and wherein the DRMdownloads are provided to authorized users based upon a predeterminednumber of simultaneous playback units of each DRM unit. Preferably, theDRM downloads are repeatedly downloadable based upon a predeterminednumber of downloads per DRM unit, which is associated with eachauthorized user, not based upon the number of devices to which the DRMis downloaded. Importantly, in sharp contrast to prior art, the DRMdownload does not affect the DRM availability to the authorized user,because according to the present invention, the DRM remains with thewebsite, and is actually not transferred to the user. A digital copy isdownloaded by the user onto any device owned or operated by the user, inexchange for a license to use or play the DRM in accordance with thelicense rights granted.

Significantly, with the methods and system of the present invention, theuser has completely remote access to DRM that is maintained by someoneother than the authorized user, and furthermore, the user has access todownload and play the DRM units based upon actual simultaneous play ofany DRM unit, regardless of the format or type of device on which theDRM units are played or accessed by the user. So then if the user istraveling anywhere on the globe but accessing the network from amultiplicity of access devices, including but not limited to mobilephones, computers, PDAs, MP3 players, audio and/or visual players, DVRs,and the like, and combinations thereof, then the user still has accessto any DRM units within that user's authorized portfolio (or collection,family, group, database, depository, repository) of DRM units, which areavailable for selective download and play, or direct experience(including audio and/or video) through the website portal, accessed bythe authorized user through a network such as the world wide web orInternet.

The user creates their own portfolio of content in DRM, including butnot limited to music, movies, audio books, podcasts, radio, news,broadcasts (stored), and the like, and combinations thereof. Theportfolio index of that content is stored for each user, while thecontent distributor or provider stores only one digital copy of eachDRM, thereby creating a singular or primary library that is remotelystored from any user or user's device(s). The portfolio index indicateswhich of the primary library the user has rights to accesssimultaneously, regardless of the device on which the user wants toaccess or download the content. Users can therefore access the contentfrom any device, at any time, any place that is network accessible. Thepredetermined number of DRM units accessible by a single authorized userfor simultaneous use is established to be between one (1) and N, where Nis provided to ensure flexibility of enjoyment and use by an authorizeduser, but N is less than unlimited in order to ensure that the systemand methods of the present invention are used, and therefore to preventcounterfeiting, illegal access or downloading, which ensures appropriatecompensation to the authors, artists, and distribution entity.

Regarding the business model and therefore methods of doing business fordigital media content creation and distribution according to the presentinvention, the authorized users pay a fee for access to the content,regardless of the number of access times or devices with which thecontent is accessed, specifically paying for each DRM unit. The DRMunits selected by the authorized user is documented in that authorizeduser's portfolio index, which references which portions of the primarylibrary that authorized user has rights to access. In one embodiment,for each paid content unit, or DRM unit, the authorized user pays apredetermined amount that is significantly less than other web-basedmodels.

A portfolio index may be optionally shared with other authorized users,preferably for a fee. By way of example to illustrate this case, and notby way of limitation of the scope of the invention, a family of four mayelect to pay for 2, 3, or 4 concurrent users of the database allowingthat number of users to access any combination of works simultaneously.So a family with a three-user license may be playing song A in a car,song A in the kitchen, and movie B in the den at the same time sincethey have paid for three people to access the database simultaneously.Furthermore, distinctions may be identified for different types of usersallowing them to be charged using differing methods. For example, amovie theater may download or access a movie to be run for a number ofpeople to view simultaneously. The artist/owner would then be paid a feebased on the number of people viewing the movie. Distinctions could bemade for other types of users including schools, radio stations, danceclubs, etc where the fee could be nothing, based on number ofviewers/listeners, or based on the capacity of the venue.

Preferably, the DRF is input directly by the creator, artist, agent,owner or authorized creative entity (hereinafter “creating user”) fordistribution through the website. In one embodiment, the DRF is createdby the creator or creating user at a media station having directconnectivity for upload to the website. In another embodiment, thecreating user has a pre-digitally recorded copy of the contentready-to-distribute. The creating user, in any case, makes acertification that they are the true author or owner of the content theyintend to provide for digital upload and distribution through the site.Additionally, the creating user has the sole decision as to what contentis uploaded; it is not censored or limited, at least initially.

Optionally, there is a review panel that provides for screening ofcontent for rating and/or quality purposes. The review panel may includeauthorized users, and preferably active users who can provide ademocratic voice or at least a representative cross-section of the usersto indicate what position the user base may be. This may be furthersubdivided by geography, religion, language, etc.

Certain modifications and improvements will occur to those skilled inthe art upon a reading of the foregoing description. By way of example,technological advancements in media may include a form other than“digital” media; a variety of methods may be created to “download” or“access” media; numerous hand held, microchip, contact lens, ear piece,or implanted devices may be utilized to view and hear media or send theinformation directly to the brain; other methods of sharing a databaseor indexing that database could be utilized, etc. The above-mentionedexamples are provided to serve the purpose of clarifying the aspects ofthe invention and it will be apparent to one skilled in the art thatthey do not serve to limit the scope of the invention. All modificationsand improvements have been deleted herein for the sake of concisenessand readability but are properly within the scope of the followingclaims.

1. A method for providing digital media for distribution to users over anetwork comprising the steps of: providing a digital representation ofmedia (DRM) available for distribution over a network, wherein the DRMis provided in a digitally recorded format (DRF) and transmittableremotely to a network portal for upload to a website; providing the DRMin DRM unit(s) stored remotely at a data storage site(s) and availablefor selective download by authorized users of the network who accesswebsite (through the network portal) remotely and who are associatedwith an active account through the website; wherein the DRF is providedby a creating user having rights to the DRF; and wherein the DRMdownloads are provided to authorized users based upon a predeterminednumber of simultaneous playback units of each DRM unit.
 2. The method ofclaim 1, wherein the DRM downloads are repeatedly downloadable basedupon a predetermined number of downloads per DRM unit.
 3. The method ofclaim 1, wherein the DRF is input directly by the creating user fordistribution through the website.
 4. The method of claim 1, wherein theDRF is created by the creating user at a media station having directconnectivity for upload to the website.
 5. A method for providingdigital media for distribution to users over a network comprising thesteps of: providing a digital representation of media (DRM) availablefor distribution over a network, wherein the DRM is provided in adigitally recorded format (DRF) and transmittable remotely to a networkportal for upload to a website; providing the DRM in DRM unit(s) storedremotely at a data storage server(s) and available for selective accessby authorized users of the network who access website remotely and whoare associated with an active account through the website; wherein theDRF is provided by a creating user having rights to the DRF; and whereinthe DRM access is provided to authorized users based upon authorizeduser selection of content via a content index associated with anauthorized user in an interactive graphic user interface (GUI).
 6. Themethod of claim 5, wherein the content index is modifiable by theauthorized user and automatically updated based upon modifications bythe user.